U.S. Court of Appeals for the Fifth Circuit, 1978

Don v. Stinson v. State of Alabama

U.S. Court of Appeals for the Fifth Circuit · Decided October 23, 1978 · Ainsworth, Brown, Clark, Coleman, Gee, Godbold, Goldberg, Morgan, Per Curiam, Roney, Thorn-Berry, Thornberry

582 F.2d 377; 1978 U.S. App. LEXIS 8238 (Federal Reporter, Second Series)

Counsel

Don V. Stinson, pro se., William J. Baxley, Atty. Gen., Montgomery, Ala., Barry V. Hutner, Asst. Atty. Gen., Birmingham, Ala., for respondent-appellee.

Cases that cite this one

1 later published case cites this decision.

John James Turner v. Louie L. Wainwright, Director, Division of Corrections, State of Florida (5th Cir. 1979)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

582 F.2d 377

Don V. STINSON, Petitioner-Appellant,
v.
STATE OF ALABAMA, Respondent-Appellee.

No. 76-2363.

United States Court of Appeals,
Fifth Circuit.

Oct. 23, 1978.

Don V. Stinson, pro se.

William J. Baxley, Atty. Gen., Montgomery, Ala., Barry V. Hutner, Asst. Atty. Gen., Birmingham, Ala., for respondent-appellee.

Before BROWN, Chief Judge, THORNBERRY, COLEMAN, GOLDBERG, AINSWORTH, GODBOLD, MORGAN, CLARK, RONEY, GEE, TJOFLAT, HILL and FAY, Circuit Judges.*

PER CURIAM:

This case is remanded to the panel for consideration in light of Galtieri v. Wainwright, 582 F.2d 348 (5th Cir. 1978), decided today by the court en banc.

THORNBERRY, Circuit Judge, specially concurring:

I agree that this case should be remanded to the panel for consideration of the merits of petitioner's claims. See my dissenting opinion in Galtieri v. Wainwright, 582 F.2d at 366.

GOLDBERG, Circuit Judge, dissenting:

For the reasons stated in my dissent in Galtieri v. Wainwright and Matera v. Wainwright, No. 75-4169 and 76-1006, 582 F.2d 366-367, decided today, I dissent.

Judges RUBIN and VANCE were not members of the court at the time of the submission of this case to the court en banc, and did not participate in the consideration of this decision

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